KALAWATI (D) THROUGH LRS. & ORS. Vs. RAKESH KUMAR & ORS.
LAWS(SC)-2018-2-37
SUPREME COURT OF INDIA
Decided on February 16,2018

Kalawati (D) Through Lrs. And Ors. Appellant
VERSUS
Rakesh Kumar and Ors. Respondents

JUDGEMENT

MADAN B.LOKUR,J. - (1.) Leave granted.
(2.) "Ease of business" and "enforcement of contract" are the two new buzzwords and rightly so. For ease of doing business insofar as justice delivery is concerned, it is time to introspect and introduce case management programmes to streamline the system so that suits and appeals can be decided more efficiently. The present appeal exemplifies the need for case management system.
(3.) The subject matter of the appeal is an agreement to sell dated 29 th May, 1986. A suit was filed by the plaintiff (Rakesh Kumar) in the Delhi High Court being Suit No.1193 of 1987 for specific performance of the agreement to sell. It appears that due to a change in pecuniary jurisdiction, the suit was transferred to the District Courts and was re-numbered as Suit No.642 of 2001. A disturbing feature of the appeal is that even about 31 years later, the parties are not quite sure about the fate of the agreement to sell entered into in 1986. The period is extremely long and such a lapse of time for the enforcement (or otherwise) of a contract is good reason to re-think the procedures.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.